The innocent prisoner and the appellate prosecutor: Some thoughts on post‐conviction prosecutorial ethics after Dretke v. Haley

@article{Cunningham2005TheIP,
  title={The innocent prisoner and the appellate prosecutor: Some thoughts on post‐conviction prosecutorial ethics after Dretke v. Haley},
  author={Larry D. Cunningham},
  journal={Criminal Justice Ethics},
  year={2005},
  volume={24},
  pages={12 - 24}
}
We typically think of prosecutorial ethics as encompassing a special set of obligations for prosecutors during the pretrial and trial stages of a criminal case. In the literature and in rules of professional responsibility much attention is paid to the charging function, contact with unrepresented persons, plea negotiations, discovery, and courtroom decorum. Our concern with prosecutorial ethics at these stages is rooted primarily in due process and fairness to the accused. [W]hile he may… 

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All facts are recited from the Supreme Court's decision in Dretke v
  • 2004
Indeed this is most likely to occur in a small office, where there is no separate appellate or post-conviction litigation division
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Oral Argument Transcript at 3, Dretke v
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